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Dawn Bittner 'rom: Paul Sandelin [psandelin(c sandelinlaw.com] ent: Thursday, February 25, 2010 4:27 PM To Dawn Bittner Subject: FW Used Car Sales Dawn: I reviewed this matter with the LMCIT and one of the attorneys that has handled defense of land use cases with Pequot Lakes and other cities in this area. The short answer is we cannot require another CUP application from Mr. Pestello unless there is perhaps a violation that has not been corrected. The conditional use permit statute under state lair provides that conditional uses are perpetual and they run with the land. As long as conditions are maintained you have a right to continue operating pursuant to the CUP. There are cases decided by the Minnesota Court Appeals that uphold that interpretation. The reference in our city code to 12 months is really tied to the first 12 months after the initial approval of the CUP. In other words if you obtain a CUP and never use it then in certain circumstances the City could take the position that the CUP is void. Let me know if you have other questions. Thanks. Paul Sandelin SANDELIN LAW OFFICE 30849 First Street P.O. Box 298 Pequot Lakes, MN 56472 Phone: 218-568-8481 Fax: 218-568-8444 psandelin @sandelinlaw.com 'his communication (including attachments) is covered by the Electronic Communications rivacy Act, 18 U.S.C. 2510-2521. This communication is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution or copying of this information is prohibited. If you have received this communication in error, please notify me by telephone immediately and destroy the information. Thank you. -----Original Message----- From: Paul Sandelin Sent: Thursday, February 25, 2010 1:08 PM To: 'Dawn Bittner' Subjects RE`: Used Car Sales Dawn: I reviewed the city code section as well as state law on this. I think the section of the city code (17-11.6) can probably be read to say that you must act within 12 months of the initial issuance of the cup or it is no longer effective. I had a call in to one of the attorneys with the LMCIT on this to discuss what I think is the City's most defendable legal position. We may have some difficulty taking the position that you cannot continue to operate under the cup initially issued by the county as long as all conditions have been or will be met. I will get back to you after I speak with the LMCIT. State law says cups are perpetual in nature and run with the land and are valid as long as all conditions are met. Paul Sandelin SANDELIN LAW OFFICE° 30849 First Street P.O. Box 298 ?equot Fakes, MN 56472 hone: 218-568-8481 Fax: 218-568-8444 psandelin @sandelinlaw.com 1